Pubdate: Mon, 18 Dec 2006
Source: Sydney Morning Herald (Australia)
Copyright: 2006 The Sydney Morning Herald
Contact:  http://www.smh.com.au/
Details: http://www.mapinc.org/media/441
Author: Kate McClymont

INFORMANT COULD SELL COCAINE, SAYS JUDGE

A CONTROVERSIAL operation in which an informant was  authorised by the
NSW Crime Commission to sell seven  kilograms of cocaine has been
ruled lawful.

Four men committed for trial after buying the cocaine  have lost a
legal challenge in the Supreme Court.

The four - Robert Pavan, 57, a part-time bookmaker,  David Dowe, 71,
of Coogee, Gilbert Gedeon, 29, a coffee  shop owner of Parramatta, and
Joe Zaiter - had been  committed for trial this year.

During the committal it was alleged that Michael  Hurley, 59, Leslie
Robert Mara, 53, a former rugby  league player who was arrested a
fortnight ago, and  Shayne Hatfield, a surfer, were the ringleaders of
a  drug syndicate that imported $30 million worth of  cocaine using
corrupt Qantas baggage handlers.

The agreed statement of facts tendered to the Supreme  Court, on
October 8, 2004, says about 10 kilograms of  cocaine was unlawfully
imported.

The informant, codenamed Tom, who had the primary role  of selling the
cocaine, buried it in bushland near  Wahroonga. Later he sold three
kilograms and reburied  the rest.

In December that year Tom become an informant for the  NSW Crime
Commission and, as a result, the remaining  seven kilograms was dug up
and handed to the  commission. After a meeting with NSW police and the
  Crime Commission it was decided to run a controlled  operation in
which Tom would continue to sell the  drugs.

Justice Peter Hall noted in his decision: "It is a fact  of some
significance that this occurred in a context in  which Tom had earlier
advised the commission of two  planned importations of significant
quantities of  cocaine proposed for February 2005."

Justice Hall noted that "in order to maintain Tom's  credibility with
a particular person and with other  subjects of the investigation" the
meeting "approved in  principle the supply of up to seven kilograms of
  cocaine in circumstances in which it was unlikely that  the cocaine
would be recovered by law enforcement  officers".

The four men challenging this decision to sell the  cocaine had argued
that the Law Enforcement (Controlled  Operation) Act was invalid as it
was inconsistent with  federal laws that regarded the sale of
prohibited drugs  as a serious criminal offence.

One of the alleged principals, Hatfield, has been  declared mentally
unfit to stand trial. He will remain  in custody until the Mental
Health Review Tribunal  reviews the matter next year.

Another alleged principal, Hurley, is suffering from  terminal cancer
and has been seeking a permanent stay  order. His application will be
heard in the District  Court this week.
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MAP posted-by: Derek